PEOPLE OF MI V IHAB MASALMANI (Concurring Opinion)
Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, FOR PUBLICATION September 22, 2016 Plaintiff-Appellee, v No. 325662 Macomb Circuit Court LC No. 2009-005244-FC IHAB MASALMANI, Defendant-Appellant. Before: BORRELLO, P.J., and MARKEY and RIORDAN, JJ. BORRELLO, P.J. (concurring). I concur in the result reached by my colleagues solely because I am bound by this Court’s flawed reasoning in People v Hyatt, ___ Mich App ___, ___; ___ NW2d ___ (2016). I write separately this one time to briefly express my belief that contrary to the flawed analysis contained throughout Hyatt and for the reasons set forth in People v Skinner, 312 Mich App 15, 20; 877 NW2d 482 (2015), defendant possesses a Sixth Amendment right to choose whether he will be sentenced by a judge or a jury. However, recognizing that I am bound by Hyatt, I therefore must concur with the decision reached by my colleagues in this matter. /s/ Stephen L. Borrello -1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
